Human Dignity Protection of Elderly Person under the Constitution of the Kingdom of Thailand

Abstract

The purpose of this research article is to investigate how Thailand has policies and legislation in place to protect the human dignity of the elderly and whether those policies are adequate and appropriate, in order to determine the extent of protection of elder human dignity that is suitable for the context of Thailand. Human dignity is widely recognized, according to the research, despite its ideal nature, as indicated by international documents and domestic laws in many countries. The aforementioned notion was first implemented in Thailand in the Constitution of the Kingdom of Thailand B.E. 2540. Human dignity and its guarantee are still enshrined in the current Constitution of the Kingdom of Thailand (B.E. 2560). As Thailand approaches an absolute aging society, the state has a responsibility to defend the human dignity of the elderly through policies, laws, enforcement, and interpretation. To accomplish so, the state must consider the concept of elder human dignity, which includes the essential values of the right to life and body as well as the right to equality. In other words, the right to life and body, as well as the right to equality, is a critical criterion for protecting the elder human dignity. However, according to the study of the constitution, The Elderly Act B.E. 2546, and related subordinate laws, despite efforts to protect the elderly in various contexts, there are still issues and impediments that lead to inadequacy and impropriety in elder human dignity protection that stem from legislation, enforcement, and interpretation.